HomeMy WebLinkAboutNotice of Termination of Variance and Agreement Pertaining to Variance 03-0324-0400 Buckstaff Company NOTICE OF TERMINATION N1111111•
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OF VARIANCE AND AGREEMENT 8 6 5 9 6 1 3
Tx:448965
PERTAINING TO VARIANCE DOC# 1837103
NATALIE STROHMEYER
REGISTER OF DEEDS
The City of Oshkosh and the Redevelopment Authority of the City of Oshkosh,as th. WINNEBAGO COUNTY, WI
Owner of the below-described property, intends through this document to terminate . RECORDED ON:
certain variance and agreement memorializing the terms of such variance between th- 12/09/2020 02:04 PM
City of Oshkosh, a municipal corporation and the Buckstaff Company, a Wiscons. RECORDING FEE: 30.00
corporation dated July 15, 1942 and recorded in the Office of the Register of Deeds fo PAGES: 3
Winnebago County,Wisconsin on July 24,1942 in Volume 507,Page 512 as Document
No. 106520.More particularly,
Recording Area
1. The City of Oshkosh and Buckstaff Company,entered into an Name and Return Address
Agreement dated July 15, 1942 and recorded in the Office of the City Attorney's Office
Register of Deeds for Winnebago County,Wisconsin on July 24, 1942 PO Box 1130 ,
in Volume 507,Page 512 as Document No. 106520 to Oshkosh,WI 54903-1130
g grant a variance
in relation to the Buckstaff Company buildings. A copy of this
Agreement is attached as Exhibit A. #903-0324-04-00
Parcel Identification Number (PIN)
2. The Redevelopment Authority for the City of Oshkosh is the successor in interest to Buckstaff Company's
real property,including that part of Buckstaff Company's property subject to the Agreement,and more
particularly:
Lot One(1)of CERTIFIED SURVEY MAP NO.7697 recorded on December 7,2020 in the Winnebago
County,Wisconsin,Register of Deeds Office,as Document No. 1836819;being all of Lots 1 and 2 of
Certified Survey Map Number 7081 as recorded in Volume 1 of Certified Survey Maps on Page 7081 as
Document Number 1712374, located in the Fractional Northwest''/ of Section 25,Township 18 North,
Range 16 East,Third Ward,City of Oshkosh,Winnebago County,Wisconsin.
EXCEPTING THEREFROM any building(s)and improvements erected and located on said subject
property.
3. The Redevelopment Authority of the City of Oshkosh herein formally identifies itself as the successor in
interest to property previously owned by Buckstaff Company and,as a result of such conveyance,the right
of Buckstaff Company to occupy and use a part of the property through a variance as described in the above
referenced Agreement dated July 15, 1942 for buildings constructed on or around that date.
4. The Redevelopment Authority of the City of Oshkosh has caused the buildings constructed pursuant to the
variance Agreement to be removed such that the variance is no longer in use or necessary to development of
the property.
5. The Redevelopment Authority of the City of Oshkosh and the City of Oshkosh wish to terminate the
variance and the Agreement dated July 15, 1942 to require any future development of the property to
comply with current zoning regulations or to seek appropriate variance therefrom
6. The City of Oshkosh and Redevelopment Authority of the City of Oshkosh hereby agree that the Agreement
dated July 15, 1942 and recorded in the Office of the Register of Deeds for Winnebago County,Wisconsin
on July 24, 1942 in Volume 507,Page 512 as Document No. 106520 has been terminated,and is null and
void of further effect.
7. This Termination and Notice is intended to be construed and enforced in accordance with the laws of the State of
Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County,Wisconsin,Circuit
Court or,if a federal court action,then the appropriate district and/or branch within which Winnebago County is
located.
SIGNATURE PAGE FOLLOWS RECEIVED
DEC 1 8 2020
1
CITY CLERK'S OFFICE
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REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH
0/0471,(1.4A.C. -'
By:
Lori Palmeri,Chair
By: iAtAfi
H.Allen Davis,III,Executive Director
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this q01-‘ day of December, 2020,the above named Lori Palmeri and H. Allen Davis
me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein
contained.
No ary Public ate of Wisconsin
My Commission expires: l2/l 5/21323 _
CITY OF OSHKOSH
By: ems---
Mar A.Rohloff,City Manager
By: r 1/1" .1
Pamela R.Ubrig, City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 9'0h day of December,2020,the above named Mark A.Rohloff and Pamela R.Ubrig,
to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein
contained. -- - //
o ary P blic, ate of Wisconsin
My Commission expires: t2/l 5j/2Q�3
Drafted by:
Lynn A.Lorenson,City Attorney
Oshkosh, Wisconsin
2
•• ;.! 143
SO/--3 2 Document 0106520 AGREEMENTJuly j
5, _gu? City of Ocb- S^
a corporation in Winnebago County, T?SCQi2 ?73 to �„'„E BLC'a{S taf f
Company, a Wisconsin corporation in-the City of Gs kosh,
Gam., y Whereas, part of the second part is the otr er c
w cribe Q property:
>`-l. ofthe �Cl?v,1=Y!a�-
That part 2th G f l street lying yin east of the eCSt line or South :M-in Street
as vacated by the Common Council
Half 1?'1 the cityof at a regular meeting held in the City
? Oshkosh on the 6th a y
i4 located .'..='! the CE...j O_ July, l ��.=z which _4-'-�Cpert 3rd Ward of the City of Oshkosh, and desires to erect a
building thereon; and
Whereas, the above mentioned property is in a business district
wit building proposed to be erected is to be set up to the street line;
Now Therefore, It Is Agreed by the party of the second part that, in
Consideration of permission granted to i r c
City oftiSOshkosh, -t will? t i;-� the e Board of =<'_,."7JE8lS of the and remove any building c
Beet of the street raze _ected within ten
line of said property if r
t me by the party ofsuch action is demanded at any
t . the =i_St part; and
it Is Agreed Further that if Such demands shallmade
the second part, its successors be the party of
hen the o the
cessors or assigns will make no claim for damages
t s part and will save the
harmless in the premises;^ city G= Oshkosh forever
it Is Agreed Further that no such demand w_.i1 be made
b, the party of first part as iereixbefore mentioned except as shall
he deemed necessary
s.a'4' the governing body .
of the city of Oshkosh either to _
to remove suchbuilding, 4hr widen ti��=.. street G
or welfare of thecity. 1
STGNED:
2 City Oshkosh (Corporate Seal) Geor-gee { = _
sis =,s J •- C .3ckw, It`cayvw C.^.::�.�1t�
gn d: y n ames Sti ase, C_tty Clerk Brc staff CC:�.pany (Co:rpo'=a'i yt`
., �.. ?uckstaf•F, Presideent.. Counters- =ed. Elsie B. ''. n
Secretary.
_� . aCti1%?-?G-,
Approved as to _orm and execution H. E. Meyer, City
Attorney.
Record July y 24, 1 q42. 2:35 P. M. •
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• EXHIBIT A- Page 1 of 1